Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

477 Results

Clear Search Parameters x
Location: Orange County x
Judge: Sherman, Randall J x
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 236)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 364)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 75,25
Array
(
)
2023.08.24 Motion for Preliminary Approval of Class Action Settlement 810
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.08.24
Excerpt: ...also should provide a red-lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. Although the settlement agreement now defines “Aggrieved Employe...
2023.08.24 Motion for Final Approval of Class Action Settlement and Attorney Fees 548
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.08.24
Excerpt: ...plaintiffs' contribution to the case, that plaintiffs Vasquez and Gonzalez claim in their identical, unsigned declarations to have spent only about 30-40 hours on the case, and that plaintiff Cervantes was a successor in interest and did not submit any declaration. The court concludes that the $125,000 class action and PAGA settlement, as approved, is fair, adequate and reasonable, and approves the following specific awards: • $41,666.66 to pla...
2023.08.18 Motion to Compel Further Responses 254
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.08.18
Excerpt: ...terminated by plaintiffs/LBG. The court denies the motion as to those documents. Plaintiffs' Request for Production, Set One, seeks documents that relate to Goldman's alleged participation in real estate projects and transactions apart from his work with the LBG entities, and his alleged use of LBG resources for those real estate projects and transactions, including the employment of then-employee of LBG entities Chris Han, which serve as the fac...
2023.08.18 Motion for Preliminary Approval of Class Action and PAGA Settlement 276
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.08.18
Excerpt: ...lso should provide a red-lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. Although the motion provides the estimated average payment to class...
2023.08.11 Motion for Approval of PAGA Settlement 269
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.08.11
Excerpt: ...l also must provide a red-lined version of any revised papers, including the proposed letter to the aggrieved employees. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the proposed letter to the aggrieved employees, rather than with just a supplemental declaration or brief simply asserting that the issues have been resolved. The ...
2023.08.04 Motion to Strike or Tax Costs 568
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.08.04
Excerpt: ...ubpoenaed records from third parties, Kaiser Permanente and E-Trade, were miscategorized as service of process fees, but are recoverable as costs that were reasonably necessary to the conduct of the litigation. Costs that are not specifically enumerated under CCP §1033.5(a) as recoverable, and not listed under CCP §1033.5(b) as not allowable, are recoverable if, in the court's discretion, they are “reasonably necessary to the conduct of the l...
2023.08.04 Motion for Preliminary Approval of Class Action Settlement 806
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.08.04
Excerpt: ...lso should provide a red-lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. The Class Period is defined as September 3, 2017 through March 11, ...
2023.08.04 Motion for Preliminary Approval of Class Action Settlement 363
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.08.04
Excerpt: ...should provide a red-lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. The motion does not provide the court with the estimated high, low or a...
2023.08.04 Motion for Preliminary Approval of Class Action Settlement 213
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.08.04
Excerpt: ...should provide a red-lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. The proposed settlement includes a PAGA payment and release. However, t...
2023.07.28 Motion to Strike or Tax Costs 568
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.07.28
Excerpt: ...n Equity has lowered its court reporter fees claim from $30,424.86 to $8,795.97. Plaintiffs have withdrawn their challenge to daily court reporter appearance costs of $6,798.00, but object to the $1,997.97 cost for using Realtime technology at trial. Costs that are not specifically enumerated under CCP §1033.5(a) as recoverable, and not listed under CCP §1033.5(b) as not allowable, are recoverable if, in the court's discretion, they are “reas...
2023.07.28 Motion to Compel Arbitration 035
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.07.28
Excerpt: ...ordered to arbitration. Plaintiff's PAGA claims based on violations allegedly suffered by other employees will be stayed pending completion of the arbitration. Defendants' evidentiary objections are overruled. The Status Conference and OSC re Sanctions set for August 4, 2023 are ordered off calendar. A Post-Arbitration Review Hearing is set for January 26, 2024 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the he...
2023.07.07 Motion to Compel Arbitration of Individual Claims and Dismiss Class Claims 509
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.07.07
Excerpt: ...Case Management Conference set for August 11, 2023 is ordered off calendar. A Post-Arbitration Review Hearing is set for February 15, 2024 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual claims asserted by plaintiff and that no grounds exist to bar enforc...
2023.06.30 Motion for Judgment on the Pleadings 176
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.06.30
Excerpt: ...ntiffs contend that the City failed to adequately review the change of use of the subject school site by defendant Cypress School District. Gov. Code §65009(c)(1)(E) provides a 90-day statute of limitations that applies to claims based on zoning ordinances where the government action neither effected a physical invasion of the land nor impaired title to the land. Travis v. County of Santa Cruz (2004) 33 Cal. 4th 757, 775. While the City concedes...
2023.06.30 Demurrer 998
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.06.30
Excerpt: ...d as to the 1st and 4th causes of action. As to the 2nd Cause of Action for unfair competition, defendants argue that plaintiff does not allege that he relied on any alleged false statement or representation. Plaintiff fails to address this issue. Defendants also argue that plaintiff has not alleged any violation of antitrust law. Plaintiff does not dispute this either. Plaintiff alleges that the attorney defendants violated CRPC Rule 1.7(a) by r...
2023.06.23 Petition to Confirm Arbitration Award 157
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.06.23
Excerpt: ...for a total award in the amount of $356,263. Petitioners seek to confirm the arbitration award, and plaintiffs ask that the arbitration award be vacated, on the ground that the arbitrator erred in determining that plaintiffs were not entitled to purchase defendant Plantations at Haywood, LLC's interest based on a bankruptcy call option between Plaintiff and that entity. In Cable Connection, Inc. v. DIRECTV Inc. (2008) 44 Cal. 4th 1334, 1356, the ...
2023.06.23 Motion to Compel Arbitration 806
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.06.23
Excerpt: ...re dismissed without prejudice. Plaintiff's 9th cause of action will not be stayed because it does not relate to her 1st-8th causes of action. Defendants' Request for Judicial Notice is denied. Plaintiff's evidentiary objections are overruled. A Case Management Conference is set for July 14, 2023 at 9:00 a.m. The parties must file a Joint Case Management Statement at least a week before the CMC. Counsel must use pleading paper rather than Judicia...
2023.06.09 Petition to Confirm Arbitration Award 157
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.06.09
Excerpt: ...is action. On February 16, 2023, the arbitrator issued his Final Award, awarding Petitioner $1,686,500 in attorneys' fees, $36,200 in costs, $114,800 in expert costs, and $20,550 in fees and costs of the arbitration, for a total award in the amount of $1,858,050. Petitioner seeks to confirm the arbitration award, and plaintiffs ask that the arbitration award be vacated, on the ground that the arbitrator erred in determining that plaintiffs were n...
2023.06.09 Motion for Preliminary Approval of Class Action Settlement 810
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.06.09
Excerpt: ...lso should provide a red-lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. Plaintiff did not provide the court with the estimated average, hig...
2023.06.09 Demurrer 591
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.06.09
Excerpt: ...nerals Operations, Inc. v. State Board of Equalization (2008) 160 Cal. App. 4th 514, 519. In addition, Exhibit #1 does not fall within Evidence Code §452. T-Mobile argues that this action is jurisdictionally barred by Pub. Util. Code §1759. However, this action does not seek “to review, reverse, correct, or annul any order or decision of the [California Public Utilities Commission] or to suspend or delay the execution or operation thereof, or...
2023.06.02 Motion to Compel Arbitration, Strike Putative Class Action Claims, and Stay Proceedings 092
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.06.02
Excerpt: ...rbitration Review Hearing is set for December 7, 2023 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual claims asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP 51281.2. Plaintiff does not dispute that she signed the a...
2023.06.02 Motion for Summary Judgment 988
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.06.02
Excerpt: ...under plaintiff's policies belonging to one of Mallcraft's subcontractors, KitCor Corporation, for a case in arbitration titled Mallcraft, Inc. v. Glendale Community College District, AAA Case No. 01-16-0005-6085. Mallcraft was involved in the construction of the Lab/College Services Building at Glendale Community College. Mallcraft sued Glendale Community College District through arbitration for damages because Glendale allegedly terminated Mall...
2023.06.02 Motion for Summary Judgment 559
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.06.02
Excerpt: ... was being taken. Defendant Sarah Van Dam reacted by gently hitting the back of Castrey's head and knocking his sunglasses off. Almost two years after the incident, on December 16, 2021, Castrey filed a civil complaint against Van Dam in Orange County Superior Court, Castrey v. Van Dam, Case No. 30-2021-01236976-CU-PO-CJC, alleging general negligence and intentional tort, claiming that the incident caused him a traumatic brain injury with multipl...
2023.05.26 Motion for New Trial 568
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.05.26
Excerpt: ...sufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision." Here, the court has weighed the evidence, but the court is not convinced from the entire record, including reasona...
2023.05.05 Motion for Preliminary Approval of Class Action Settlement 173
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.05.05
Excerpt: ...ement. Counsel also must provide a red-lined version of any revised papers. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. Plaintiff provides no information as to defendant's potential exposure for plaint...
2023.04.14 Demurrers to FACC 998
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.04.14
Excerpt: ...emurrers to the First and Sixth Causes of Action, and the attorney cross- defendants' demurrers to the Second Cause of Action, are sustained with 15 days leave to amend, and the demurrers are otherwise overruled. Cross-defendants argue that the statute of limitations bars MFS's claims. However, MFS alleges in FAXC ¶109 that the statute of limitations was tolled because MFS did not discover the payments and hence the wrongful scheme until May 202...

477 Results

Per page

Pages